Introduction
The treaty-making process of a sovereign state is a critical element of its engagement with the international community. For Chad, a landlocked country in Central Africa with a complex political history and evolving constitutional framework, the process of entering into treaties reflects both internal legal structures and external commitments under international law. This article examines Chad’s treaty-making process, focusing on the constitutional provisions that govern the creation and ratification of treaties, the country’s approach to integrating international agreements into domestic law, and its relationship with the Vienna Convention on the Law of Treaties (VCLT) of 1969. By analyzing these components, the article aims to provide a comprehensive understanding of how Chad navigates the dual demands of national sovereignty and international cooperation, while also exploring the implications for other states seeking to engage with Chad through treaties.
Chad’s legal system has undergone significant changes in recent decades, shaped by periods of conflict, transitions in governance, and efforts to establish constitutional stability. The current constitutional framework, primarily embodied in the Constitution of Chad adopted in 2018 (as amended), provides the foundation for understanding the country’s approach to treaty-making. This article will delve into specific constitutional articles that outline the procedures for entering into international agreements, assess whether Chad adopts a monist or dualist approach to the implementation of treaties, and evaluate the country’s status as a party to the VCLT. Finally, it will discuss how Chad’s practices and legal frameworks may guide other nations in establishing treaty relations with the country.
Constitutional Framework for Treaty-Making in Chad
The Constitution of Chad, enacted on May 4, 2018, and subsequently amended, serves as the supreme legal document that governs the state’s treaty-making powers. This constitution was drafted following a period of political transition after the death of President Idriss Déby in 2021 and reflects efforts to balance executive authority with democratic principles. The document explicitly addresses the process by which Chad enters into international agreements, assigning specific roles to different branches of government.
Article 218 of the Constitution of Chad (2018) is central to understanding the treaty-making process. It stipulates that the President of the Republic, as the head of state, has the authority to negotiate and ratify international treaties and agreements. This provision aligns with the broader presidential system of governance in Chad, where the President wields significant executive powers. According to Article 218, the President may delegate this authority to other officials, but the responsibility ultimately rests with the executive. This centralization of treaty-making power in the executive branch is a common feature in many African states, where historical and political contexts often prioritize strong executive control over foreign affairs (Mutambo, 2019).
However, the Constitution also introduces a mechanism for parliamentary involvement under certain circumstances, reflecting a system of checks and balances. Article 219 specifies that certain categories of treaties—those relating to peace agreements, defense alliances, environmental protection, and commitments involving financial obligations or legislative modifications—require authorization from the National Assembly before ratification. This requirement ensures that significant international commitments receive broader political scrutiny and align with national interests. The involvement of the National Assembly in such cases underscores a democratic element in the treaty-making process, although the President retains the final authority to ratify (Constitution of Chad, 2018).
Furthermore, Article 220 of the Constitution addresses treaties that may impact constitutional provisions. In such instances, ratification can only occur after a constitutional amendment has been enacted, ensuring that international commitments do not inadvertently undermine the fundamental legal framework of the state. This provision highlights Chad’s commitment to maintaining constitutional supremacy while engaging in international relations. Collectively, Articles 218, 219, and 220 establish a structured process for treaty-making that balances executive initiative with parliamentary oversight and constitutional integrity (Ndulo, 2010).
In practice, the treaty-making process in Chad begins with negotiations led by the executive branch, often through the Ministry of Foreign Affairs or designated representatives. Once an agreement is reached, the draft treaty is submitted for legal and political review. If the treaty falls under the categories outlined in Article 219, it is presented to the National Assembly for approval. Following parliamentary authorization (if required), the President proceeds with ratification, which is formalized through a decree published in the Official Gazette. This final step signifies Chad’s consent to be bound by the treaty under international law (Berman, 2017).
Despite these clear constitutional provisions, challenges remain in ensuring consistent application of the treaty-making process. Political instability, limited institutional capacity, and resource constraints often hinder effective implementation. Moreover, the dominance of executive power in Chad’s political system raises questions about the extent to which parliamentary oversight can effectively influence treaty commitments. These dynamics must be considered when analyzing Chad’s engagement with international law and its treaty obligations (International Crisis Group, 2021).
Monist or Dualist Approach: Treaties and National Law in Chad
A critical aspect of understanding a state’s treaty-making process is determining whether it adheres to a monist or dualist approach regarding the relationship between international and domestic law. In a monist system, international law is automatically incorporated into national law upon ratification of a treaty, without the need for additional legislative action. Conversely, a dualist system requires treaties to be transformed into domestic law through specific legislation before they can be enforced within the national legal framework (Cassese, 2005).
Chad’s approach to the integration of treaties into national law is predominantly monist, as reflected in its constitutional provisions. Article 221 of the Constitution of Chad (2018) explicitly states that treaties and international agreements, once ratified and published, have a higher authority than national laws, provided that the other party to the treaty also respects the agreement. This principle of the primacy of international law over domestic legislation is a hallmark of monism and indicates that ratified treaties do not require additional legislative enactment to be enforceable within Chad’s legal system. This provision ensures that international commitments are directly applicable in national courts and administrative proceedings, provided they are published in the Official Gazette (Constitution of Chad, 2018).
However, while Chad’s legal framework leans toward monism, there are elements of dualism in practice. For instance, when a treaty requires changes to existing national legislation or the allocation of financial resources, Article 219 mandates parliamentary involvement, which may necessitate the enactment of implementing laws. In such cases, the practical incorporation of treaty provisions into the domestic legal system resembles a dualist approach, as additional legislative steps are required to align national law with international obligations (Shelton, 2011).
This hybrid approach—constitutional monism with practical dualist tendencies—can be attributed to Chad’s legal and political history. The country inherited elements of the French civil law system, which often emphasizes the direct applicability of international law, particularly in former colonies that retain constitutional provisions inspired by French legal traditions. At the same time, the need for legislative alignment in certain areas reflects a pragmatic recognition of the complexities of implementing international commitments within a resource-constrained and politically fragile context (Dugard, 2013).
The process of translating treaties into national law in Chad, therefore, varies depending on the nature of the agreement. For treaties that do not conflict with existing laws or require budgetary adjustments, ratification and publication suffice for their direct application. However, for treaties with significant domestic implications, such as those affecting human rights, trade, or environmental regulations, the National Assembly may need to pass enabling legislation to ensure compliance. This duality can create uncertainty in the domestic enforcement of international agreements, particularly when political will or institutional capacity is lacking (Human Rights Watch, 2020).
Chad’s commitment to human rights treaties provides a relevant example of this hybrid approach. The country is a party to several international human rights instruments, such as the International Covenant on Civil and Political Rights (ICCPR). Under Article 221, these treaties should be directly applicable in national courts. However, there have been instances where domestic legislation has not been fully aligned with international standards, leading to discrepancies in implementation. This suggests that while Chad’s Constitution endorses a monist framework, the reality on the ground often necessitates dualist practices to bridge the gap between international commitments and national legal realities (Amnesty International, 2021).
Chad and the Vienna Convention on the Law of Treaties (VCLT) 1969
The Vienna Convention on the Law of Treaties (VCLT), adopted on May 23, 1969, and entered into force on January 27, 1980, is widely regarded as the cornerstone of international treaty law. Often referred to as the “treaty on treaties,” the VCLT codifies customary international law on the formation, interpretation, amendment, and termination of treaties. It provides a comprehensive framework for states to engage in treaty relations, ensuring clarity and predictability in international agreements (United Nations, 1980).
Chad’s status with respect to the VCLT is a significant factor in understanding its treaty-making behavior and how other states should approach treaty negotiations with the country. As of the latest available data, Chad is not a signatory or party to the VCLT 1969. According to the United Nations Treaty Collection, Chad has neither signed nor ratified the Convention, a status shared by several other African states that have prioritized domestic legal frameworks or regional agreements over global treaty law instruments (United Nations Treaty Collection, 2023).
The absence of Chad’s accession to the VCLT does not necessarily mean that the country disregards the principles enshrined in the Convention. Many provisions of the VCLT, such as those concerning the consent to be bound by a treaty (Article 11), pacta sunt servanda (Article 26), and the rules of treaty interpretation (Articles 31-33), are considered part of customary international law. These norms are binding on all states, regardless of whether they are parties to the VCLT. Consequently, Chad is expected to adhere to these fundamental principles in its treaty-making practices, even without formal membership in the Convention (Sinclair, 1984).
For other countries seeking to enter into treaties with Chad, the lack of formal adherence to the VCLT suggests a need for careful attention to the country’s domestic legal processes and customary practices. While Chad’s Constitution provides a clear framework for treaty ratification, the absence of VCLT membership means that disputes over treaty interpretation or implementation may not be resolved through direct reference to the Convention’s mechanisms. Instead, other states should prioritize bilateral negotiations that align with Chad’s constitutional requirements and emphasize mutual understanding of treaty terms. Additionally, reliance on customary international law, as reflected in key VCLT provisions, can provide a common ground for ensuring the validity and enforcement of agreements (Brownlie, 2008).
Chad’s non-party status to the VCLT also highlights broader challenges in the global application of international treaty law, particularly among developing states. Factors such as limited legal capacity, political priorities, and historical skepticism of international frameworks may contribute to Chad’s reluctance to accede to the Convention. Other states engaging with Chad should be mindful of these contextual factors and approach treaty negotiations with flexibility, ensuring that agreements are tailored to accommodate Chad’s legal and political environment (Crawford, 2012).
Implications for International Treaty Relations with Chad
Understanding Chad’s treaty-making process, constitutional framework, and relationship with international law has important implications for states and organizations seeking to establish treaty relations with the country. First, the centralized role of the President in negotiating and ratifying treaties, as outlined in Article 218 of the Constitution, underscores the importance of engaging directly with the executive branch during negotiations. While parliamentary approval is required for certain treaties under Article 219, the executive’s dominance suggests that political will at the presidential level is a critical determinant of treaty success (Mutambo, 2019).
Second, the hybrid monist-dualist approach to treaty implementation in Chad necessitates a nuanced understanding of how international agreements are enforced domestically. States entering into treaties with Chad should anticipate potential delays or discrepancies in domestic implementation, particularly for treaties requiring legislative or budgetary adjustments. To mitigate these risks, treaty partners can advocate for capacity-building initiatives or technical assistance to support Chad in aligning its national laws with international obligations (Shelton, 2011).
Third, Chad’s non-party status to the VCLT 1969 does not preclude effective treaty relations but requires a focus on customary international law and bilateral clarity. Other states should ensure that treaty texts explicitly address key issues such as interpretation, dispute resolution, and termination, as reliance on VCLT provisions may not be possible. Additionally, treaty partners should be prepared to engage with Chad’s domestic legal advisors to ensure compliance with constitutional requirements, such as publication in the Official Gazette for treaty validity (Brownlie, 2008).
Finally, the broader geopolitical and developmental context of Chad must inform treaty-making strategies. As a country facing significant challenges, including security threats, economic constraints, and political transitions, Chad’s capacity to fulfill treaty obligations may be limited. International partners should adopt a collaborative approach, offering support for implementation while respecting Chad’s sovereignty and constitutional processes. Regional frameworks, such as those under the African Union or the Economic Community of Central African States (ECCAS), can also provide valuable platforms for facilitating treaty cooperation with Chad (International Crisis Group, 2021).
Conclusion
Chad’s treaty-making process reflects a complex interplay of constitutional frameworks, international commitments, and practical realities. The Constitution of Chad (2018) provides a clear legal basis for entering into treaties, with Articles 218, 219, and 220 delineating the roles of the President and National Assembly in negotiation, authorization, and ratification. The country’s predominantly monist approach, as evidenced by Article 221, allows for the direct applicability of ratified treaties, although practical dualist tendencies emerge when legislative alignment is required. Chad’s non-party status to the Vienna Convention on the Law of Treaties 1969 further underscores the importance of understanding its domestic processes and relying on customary international law in treaty relations.
For other states and international actors, navigating treaty-making with Chad requires a nuanced approach that respects the country’s constitutional mechanisms, acknowledges its hybrid legal system, and accounts for its political and institutional challenges. By prioritizing bilateral clarity, capacity support, and adherence to customary norms, treaty partners can foster effective and sustainable agreements with Chad. Ultimately, Chad’s engagement with international law serves as a case study of how states balance national sovereignty with global cooperation, offering valuable insights into the evolving landscape of treaty-making in Africa and beyond.
References
- Amnesty International. (2021). Chad: Human Rights Challenges in a Transitional Context. London: Amnesty International.
- Berman, F. (2017). Treaty-Making and International Law: A Comparative Study. Oxford: Oxford University Press.
- Brownlie, I. (2008). Principles of Public International Law (7th ed.). Oxford: Oxford University Press.
- Cassese, A. (2005). International Law (2nd ed.). Oxford: Oxford University Press.
- Constitution of Chad. (2018). Official Gazette of the Republic of Chad. N’Djamena.
- Crawford, J. (2012). Brownlie’s Principles of Public International Law (8th ed.). Oxford: Oxford University Press.
- Dugard, J. (2013). International Law: A South African Perspective. Cape Town: Juta & Co.
- Human Rights Watch. (2020). Chad: Rights Under Threat. New York: Human Rights Watch.
- International Crisis Group. (2021). Chad: Navigating Political Transition. Brussels: International Crisis Group.
- Mutambo, K. (2019). “Treaty-Making Powers in African Constitutions.” Journal of African Law, 63(2), 145-167.
- Ndulo, M. (2010). “Constitutionalism and Treaty-Making in Africa.” African Journal of International and Comparative Law, 18(1), 23-45.
- Shelton, D. (2011). International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion. Oxford: Oxford University Press.
- Sinclair, I. (1984). The Vienna Convention on the Law of Treaties (2nd ed.). Manchester: Manchester University Press.
- United Nations. (1980). Vienna Convention on the Law of Treaties. Treaty Series, vol. 1155, p. 331. New York: United Nations.
- United Nations Treaty Collection. (2023). Status of Treaties: Vienna Convention on the Law of Treaties. Retrieved from https://treaties.un.org.
